HomeMy WebLinkAboutCity Council Resolution 95-44.1 RESOLUTION NO. 95-44.1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
RESCINDING RESOLUTION NO. 95-44
(SUMMARY VACATION OF A PORTION OF ESTERLEE AVENUE)
WHEREAS, the City Council of the City of Saratoga adopted
Resolution No. 95-44 (Resolution of Summary Vacation of a portion
of a street "Esterlee Avenue - Formerly Sage Drive") on October 4,
1995, and
WHEREAS, Section 4 of said Resolution provides that the summary
vacation called for in said Resolution shall become effective from
and after the date said Resolution is recorded in the Office of the
Santa Clara County Recorder, and
WHEREAS, said Resolution has not yet been recorded for various
reasons, and
WHEREAS, the Director of Public Works now recommends that it is no
longer in the public interest to abandon that portion of Esterlee
Avenue identified in said Resolution as a public street.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Saratoga hereby rescinds Resolution No. 95-44 adopted on October 4,
1995, thereby retaining that portion of Esterlee Avenue identified
in said Resolution as a public street.
PASSED and ADOPTED by the City Council of the City of Saratoga at
a regular meeting thereof held on the 5th day of February ,
1997, by the following vote:
AYES: Councilmembers Bogosian, Jacobs, Shaw, Wolfe and Mayor Moran
NOES: None
ABSENT: None
ABSTAIN: ~ ~May~
Deputy City C 1
AND WHEN RECORDED MAIL TO: /~ {
City Clerk
City of Saratoga
Civic Center, 13777 Fruitvale Avenue
Saratoga, CA 95070
~ESOl UTION 95-44
R~_~SOLIJ'TION OF SUM lVlARY VACATION OF A PORTION OF A STREET
(ESTERLEE AVENtrB - FOI~ERLY SAGE DRIVE)
Affecting portions of the folloWrig properties:
A2N 503-28-0/3 (Esterlee Avenue)
A, PN 503-28-0?2 (21020 Canyon View Drive)
APN 503-:26-040 (14440 Esterlee Avenue)
Aj~N 503-26-00:2 (14436 Esterlee Avenue)
Recitals
WHEREAS, application has been made to City on behalf of the owner of property
generally known as 14440 Esterlee Avenue (formerly Sage Drive)(APN 503-26-040) for
summary vacation of a portion of Este~ee Avenue adjacent to said property as a public
street; and
WHEREAS, Streets and Highways Code f~8330, et seq. authorizes summary vacation of a
street or highway if certain criteria are met; and
WHEREAS, the Director of Public Works has determined that the portion of Esterlee
Avenue requested to be abandoned meets these statutory criteria for summary vacation,
to wit:
For a period of five consecutive years, the street has been impassable for
vehicular travel and no money has been expertdeal for maintenance on the street during
such period;
NOW, THEREFORE, Be It Resolved By The City Council of The City of Saratoga as
follows:
1. The portion of street known as "Este~ee Avenue" (formerly Sage Drive),
shown on that map attached hereto as Exhibit A and described in Exhibit B incorporated
herein by reference is hereby summarily vacated.
1
2. The summary vacation of the subject portion of Estedee Avenue (formerly
Sage Drive) is made pursuant to Streets and Highways Code ~8330 et seq.
3. The facts under which the summary vacation is made are:
(a) The street has been impassable for vehicular travel for a period of
five years, during which period no public money has been expended
for maintenance on the street.
4. From and after the date of reeordation of this resolution in the office of
the Santa Clara County Recorder, the subject portion of Esterlee Avenue (formerly Sage
Drive) as shown on Exhibit A and described in Exhibit B, vacated by this resolution,
shah no longer constitute a public street.
5. The reversion interests resulting from this summary vacation are described
in Exhibit C attached hereto.
Passed and adopted by the City Council of the City of Saratoga, California, at a meeting
thereof held on the 4th day of .....DC.to~.~r ,1995, by the following vote of the
members thereo~
AYES: Councilmembers BuPger. Moran, Tucker, Wolfe and Mayor Jacobs
NOES: None
A[k~EN~T: None
Attest:
City Clerk
October 3, 1995
O:\CORY~44V
2
EXHIBIT 'A"
.
/
~q" . ~ \ Wildwood ~eights
~ ~ :'~ ~ ~4 W ~~ 68 ~aps ~6 ~ ~7
~ . · , Apt ~ 11 , ~95
m ~ NO3 ~
pAn a7.30 '~ ~0~
' 125.69' 1~8 .S~, 8
PARCEL 2 PCL 3
//~ ~ ~x 10~.96' /z49.20' 25.80
,~ ' ' / O,x S03"a8' ~ 177.96'
Map No.a of the Mapy Spp~ngeP Tpa~t
K Naps 33 ~ May 4, 1905
ESTERLEE AVENUE
Th i s 'P 1 a t p r e p a r e d b y me. .~!~.~ STREET VACATION
ARREN E. NcDOWELL
L~cense Exp~Pes 06-30-96 ~%: ~x~+ DATE: 10-03-95
7974 PUNPKIN DR~VE ~ SCALE' 1''= 50'
CUPERT~NO CA 950~4 ' ~' .......
(408) 257-8210
EXHIBIT "B"
A 40 foot wide street Vacation of a portion
of Esterlee Avenue and a 103.62 foot street
40 foot wide appendage from and extending
Westerly from Esterlee Avenue, within the
City of Saratoga.
All that certain real property situate within the City of Saratoga, County of Santa Clara, State of
California, being public streets to be vacated consisting of that portion of Esterlee Street, 40 foot wide,
lying between Canyon View Drive, on the North, Sage Avenue as Vacated by County of Santa Clara by
Resolution dated November 19, 1951, on the South, and that certain 40 foot street appendage extending
from that certain monument designated as R6 Westerly to terminate at that certain monument
designated as R7, on the West, as said monuments are shown on the Map No. 2 of the Mary Springer
Tract filed May 4, 1905 in Book K of Maps at page 33 in the office of the Recorder of the County of
Santa Clara, State of California, said streets to be Vacated being more particularly described as follows:
BEGINNING at a monument designated as R7 on Map No. 2 of the Mary Springer Tract filed May 4,
1905 in Book K of Maps at page 33 in the office of the Recorder of the County of Santa Clara,
State of California, said monument R7 being also shown on the map of Tract No. 1318, Wildwood
Heights, filed April 17, 1956 in Book 68 of Maps at pages 16 & 17 in the office of the Recorder
of the County of Santa Clara, State of California;
THENCE Northerly, from the Point of Beginning, North 01 °48'00"West for a distance of 20.00 feet;
THENCE Easterly, North 88 ° 12'00"East for a distance of 68.58 feet to the Westerly line of Esterlee
Avenue;
THENCE Northerly, along the Westerly sideline of Esterlee Avenue as said Avenue is shown on said
Tract No. 1318, North 03°28'00"West for a distance of 71.74 feet to a non-tangent curve
on the Southerly sideline of Canyon View Drive, 60 foot wide;
THENCE Northeasterly, along the arc of a curve to the left from a tangent bearing North
36°52'50"East having a Radius of 105.00 feet, a central angle of 17°32'50" and an arc
length of 32.16 feet to a point of tangency;
THENCE Northerly, North 19°20'00nEast for a distance of 59.94 feet to a point on the Easterly
sideline of said Esterlee Avenue, 40 feet wide, said point being South 03°28'00"East a
distance of 25.80 feet from the North corner of Lot 93 as said Lot is shown on said Map
No.2 of the Mary Springer Tract;
THENCE Southerly, along the Easterly sideline of Esterlee Avenue, 40 feet wide, South 03 °28'00"East
for a distance of 152.16 feet to the South corner of said Lot 93 as shown on Map No. 2
of the Mary Springer Tract;
THENCE Southwesterly, along the Southwesterly prolongation of the Southeasterly line of said Lot 93
South 30°06'00"West for a distance of 20.41 feet to a point that is on the Northwesterly
prolongation of the centerline of former Sage Avenue being distant thereon North 48°28'00"West
a distance of 8.71 feet from a monument designated as R6 as said monument is shown on said
Map No. 2 of the Mary Springer Tract;
THENCE Southeasterly, South 48°28'00"East for a distance of 8.71 feet to said monument R6;
THENCE Westerly, South 88° 12'00"West for a distance of 10.06 feet to a point on the Southwesterly
prolongation of the Southeasterly line of said Lot 93;
THENCE Southwesterly, along said Southwesterly prolongation of the Southeasterly line of Lot 93,
South 30°06'00"West for a distance of 13.36 feet to a point on the Northwesterly
prolongation of the Southwesterly sideline of former Sage Avenue, 40 feet wide;
THENCE Southeasterly, along the said Northerly prolongation of the Southwesterly sideline of
former Sage Avenue, 40 feet wide, South 48°28'00"East for a distance of 12.61 feet to
point that is point of intersection of the said Southwesterly sideline of former Sage
Avenue and the Southerly sideline of the 103.62 feet street, 40 feet wide;
THENCE Westerly, along the said Southerly sideline of the 103.62 feet street, 40 feet wide,
South 88° 12'00"West for a distance of 96.11 feet;
THENCE Northerly, North 01 °48'00"West for a distance of 20.00 feet to R7, the Point of Beginning.
Containing therein 8220.649 square feet of !and, more or less.
This descri tion repared by me.
Warren E. McDowell
Land Surveyor No. 3414
License Expires: 06-30-96
EXHIBIT "C"
The reversionary interests of the four
adjoining property owners have been provided
here in Parcel 1, 2, 3, and 4, the effective
date of reversion shall be the date upon which
the street vacation is filed for record in
the office of the Recorder of the County of
Santa Clara.
PARCEL 1
All that certain real property situate within the City of Saratoga, County of Santa Clara, State of
California, being a public easement for street purposes which is being herewith vacated by the City
of Saratoga the subject lands described as Parcel 1 shall revert to that certain parcel of land
designated as APN: 503-28-073, now or formerly owned by Saratoga Oaks Homeowners Association,
Inc., the reversion is in accord with the original property lines which have controlled the
neighborhood, and being more particularly described as follows:
BEGINNING at a monument designated as R7 on Map No. 2 of the Mary Springer Tract filed May 4,
1905 in Book K of Maps at page 33 in the office of the Recorder of the County of Santa Clara,
State of California, said monument R7 being also shown on the map of Tract No. 1318, Wildwood
Heights, filed April 17, 1956 in Book 68 of Maps at pages 16 & 17 in the office of the Recorder
of the County of Santa Clara, State of California;
THENCE Easterly, from the Point of Beginning, along the centerline of the 103.62 feet street,
· North 88° 12'00"East for a distance of 94.00 feet to a point on the Southwesterly
prolongation of the Southeasterly line of said Lot 93;
THENCE Southwesterly, along said Southwesterly prolongation of the Southeasterly line of Lot 93,
South 30°06'00"West for a distance of 13.36 feet to a point on the Northwesterly
prolongation of the Southwesterly sideline of former Sage Avenue, 40 feet wide;
THENCE Southeasterly, along the said Northerly prolongation of the Southwesterly sideline of
former Sage Avenue, 40 feet wide, South 48°28'00"East for a distance of 12.61 feet to
point that is point of intersection of the said Southwesterly sideline of former Sage
Avenue and the Southerly sideline of the 103.62 feet street, 40 feet wide;
THENCE Westerly, along the said Southerly sideline of the 103.62 feet street, 40 feet wide, South 88°12'00"West for a distance of96.11 feet;
THENCE Northerly, North 01 °48'00"West for a distance of 20.00 feet to R7, the Point of Beginning.
Containing therein 1818.425 square feet of land, more or less.
PARCEL 2
All that certain real property situate within the City of Saratoga, County of Santa Clara, State of
California, being a public easement for street purposes which is being herewith vacated by the City
of Saratoga the subject lands described as Parcel 2 shall revert to that certain parcel of land
designated as APN: 503-26-040, now or formerly owned by Nadejda Gredassoff, the reversion is in
accord with the original property lines which have controlled the neighborhood, and being more par-
ticularly described as follows:
BEGINNING at a point that is the South comer of Lot 93 as shown on Map No. 2 of the Mary
Springer Tract filed May 4, 1905 in the office of the Recorder of the County of Santa Clara,
State of California;
THENCE Southwesterly, from the Point of Beginning, along the Southwesterly prolongation of the
Southeasterly line of said Lot 93 South 30°06'00"West for a distance of 20.41 feet to a
point that is on the Northwesterly prolongation of the centerline of former Sage Avenue
being distant thereon North 48°28'00"West a distance of 8.71 feet from a monument
designated as R6 as said monument is shown on said Map No. 2 of the Mary Springer Tract;
THENCE Southeasterly, South 48°28'00"East for a distance of 8.71 feet to said monument R6;
THENCE Westerly, South 88° 12'00"West for a distance of 14.88 feet to a point that is the
intersection point on the line between the monuments designated as R6 and R7 as shown
on said Map No. 2 of the Mary Springer Tract and the Southerly prolongation
of the centerline of Esterlee Avenue;
THENCE Northerly, along the said centerline of Esterlee Avenue North 03°28'00"West for a
distance of 125.69 feet;
THENCE Easterly, North 86°32'00"East for a distance of 20.00 feet to a point that is distant
South 03°28'00"East a distance of 75.00 feet from the North corner of said Lot 93 as
shown on Map No. 2 of the Mary Springer Tract;
THENCE Southerly, along the Easterly sideline of Esterlee Avenue, 40 feet wide, South 03°28'00"East
for a distance of 102.96 feet to the South comer of said Lot 93, said also being the Point
of Beginning.
Containing therein 2372.765 square feet of land, more or less.
PARCEL 3
All that certain real property situate within the City of Saratoga, County of Santa Clara, State of
California, being a public easgment for street purposes which is being herewith vacated by the City
of Saratoga the subject lands described as Parcel 3 shall revert to that certain parcel of land
designated as APN: 503-26-002, now or formerly owned by Phillip D. Jacklin, the reversion is in
accord with the original property lines which have controlled the neighborhood, and being more par-
ticularly described as follows:
BEGINNING at a point on the Easterly sideline of Esterlee Avenue, 40 feet wide, said
said point being distant thereon South 03°28'00"East a distance of 75.00 feet
from the North corner of Lot 93 as said Lot is shown on Map No. 2 of the Mary Springer
Tract filed May 4, 1905 in Book K of Maps at page 33 in the office of the Recorder of
the County of Santa Clara, State of California;
THENCE Westerly, South 86°32'00"West for a distance of 20.00 feet to a point on the centerline of Esterlee Avenue as shown on said Map No. 2 of the Mary Springer Tract;
THENCE Northerly, along said centerline of Esterlee Avenue, North 03°28'00"West for a
1.62 feet to the intersection of said centerline and the Southeasterly sideline
of Canyon View Drive, 60.00 feet wide, as Canyon View Drive is shown on the map
Tract No. 1318 filed in April 17 1956 in Book 68 of Maps at pages 16 &17 in the
office of the Recorder of the County of Santa Clara, State of California;
THENCE Northerly, North 19°20'00"East for a distance of 51.61 feet to a point on the Easterly
sideline of said Esterlee Avenue, 40 feet wide, said point being South 03°28'00"East a
distance of 25.80 feet from the North corner of I~t 93 as said Lot is shown on said Map
No .2 of the Mary Springer Tract;
THENCE Southerly, along the Easterly sideline of Esterlee Avenue, 40 feet wide, South 03 °28'00"East
for a distance of 49.20 feet to the Point of Beginning.
Containing therein 508.123 square feet of land, more or less.
PARCEL 4
All that certain real property situate within the City of Saratoga, County of Santa Clara, State of
California, being a public easement for street purposes which is being herewith vacated by the City
of Saratoga the subject lands described as Parcel 4 shall revert to that certain parcel of land
designated as APN: 503-28-072, now or formerly owned by James N. & Louise A. Wholey, the
reversion is in accord with the original property lines which have controlled the neighborhood, and
being more particularly described as follows:
BEGINNING at a monument designated as R7 on Map No. 2 of the Mary Springer Tract filed May 4,
1905 in Book K of Maps at page 33 in the office of the Recorder of the County of Santa Clara,
State of California, said monument R7 being also shown on the map of Tract No. 1318, Wildwood
Heights, filed April 17, 1956 in Book 68 of Maps at pages 16 & 17 in the office of the Recorder
of the County of Santa Clara, State of California;
THENCE Northerly, from the Point of Beginning, North 01 °48'00"West for a distance of 20.00 feet;
THENCE Easterly, North 88° 12'00"East for a distance of 68.58 feet to the Westerly line of Esterlee
Avenue;
THENCE Northerly, along the Westerly sideline of Esterlee Avenue as said Avenue is shown on said
Tract No. 1318, North 03°28'00"West for a distance of 71.74 feet to a non-tangent curve
on the Southerly sideline of Canyon View Drive, 60 foot wide;
THENCE Northeasterly, along the arc of a curve to the left from a tangent bearing North
36°52'50"East having a Radius of 105.00 feet, a central angle of 17°32'50'' and an arc
length of 32.16 feet to a point of tangency;
THENCE Northerly, North 19°20'00"East for a distance of 8.33 feet to a point that is the
intersection of the Southeasterly line of said Canyon View Drive and the centerline of
of Esterlee Avenue, 40 feet wide, as shown on Map No. 2 of the Mary Springer Tract;
THENCE Southerly, along the centerline of Esterlee Avenue, 40 feet wide, South 03 °28'00"East
for a distance of 127.30 feet to a point that is the intersection of the centerline
and its prolongation of said Esterlee Avenue and the centerline of the 103.62 feet
street;
THENCE Westerly, along the centerline of the 103.62 feet street, 40 feet wide,
South 88° 12'00"West for a distance of 89.17 feet to the Point of Beginning.
Containing therein 3521.301 square feet of land, more or less.
The e d~ iI Itions prepared by me.
Land Surveyor No. 3414
License Expires: 06-30-96